Item 7BCity of Southlake
Department of Planning
S T A F F R E P O R T
March 29, 2006
ZA06-008
CASE NO:
Zoning Change and Concept Plan for Patterson’s Pond Phase II
PROJECT:
REQUEST: Approval of a zoning change and a concept plan from AG Agricultural District to SF-
20A single family residential district on 4.75 acres. There are 4 new residential lots
proposed with an average lot size of 1.0 acre and a net density of 1 du/acre. A
preliminary plat has been submitted concurrently with this request.
The purpose for the SF-20A single family residential district zoning request rather
than an SF-1A zoning request is to allow greater flexibility in the building setbacks on
the lots. This is intended to help improve tree preservation (See letter in attachment C
of this report). The front and side yard building setbacks for the SF-20A district are 5
feet less than those in the SF-1A district.
1. Conduct public hearing
ACTION NEEDED:
2. Consider zoning change and concept plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Concept Plan Review Summary No. 2, dated February 17, 2006
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-483
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA06-008
BACKGROUND INFORMATION
OWNER: Luis Espinosa
APPLICANT: Terra Land Management, Inc.
PROPERTY SITUATION: 701 N. Kimball Avenue
LEGAL DESCRIPTION: Tracts 5A3A & 5A3A1, Samuel Freeman Survey, Abstract No. 525
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “SF-20A” Single Family Residential District
HISTORY: No development history exists for this property. A home currently exists on
the property.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends N. Kimball Avenue to be a two-
lane, undivided arterial thoroughfare with 88 feet of right-of-way.
Existing Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with N. Kimball
Avenue to the west. An existing lot, Lot 10, Block 1, Patterson’s Pond, has
direct access onto N. Kimball Avenue.
N. Kimball Avenue is currently a 2-lane, undivided roadway. The capacity of
the existing roadway is approximately 8,400 vehicle trips per day. Under this
condition, the roadway would be considered to operate under a level of
service ‘D’. Completion of this development will add approximately 38
vehicle trips per day to this section of N. Kimball Avenue, bringing it to 8,772
vehicle trips per day.
May, 2005 traffic counts on N. Kimball Ave (between SH 114 and
Highland St)
24hr 4,5214,213
North Bound (NB) () South Bound (SB) ()
NB 214491
Peak A.M. () 8 – 9 a.m. Peak P.M. () 6 – 7 p.m.
SB 499302
Peak A.M. () Peak P.M. ()
7:15 – 8:15 a.m.3:45 – 4:45 p.m.
Case No. Attachment A
ZA06-008
Page 1
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 4 38 1 2 3 1
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel
times on N. Kimball Ave.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan recommends a 6-foot sidewalk along
the west side of N. Kimball Avenue.
WATER & SEWER: A 12-inch water line exists along the east side of N. Kimball Avenue. An 8-
inch sanitary sewer line exists along the rear of the proposed lots.
TREE PRESERVATION: No existing trees should be removed for the construction of the subdivision.
There are no existing trees located within the right-of-way and only one (1)
tree located within the area of the 15’ Drainage Easement between Lots 12
and 13.
DRAINAGE ANALYSIS: This development drains to the northeast, directly into the floodplain.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the State Highway 114 study area to include the following
changes:
Land Use Recommendations
Existing LUP Designation - Medium Density Residential.
Environmental Resource Protection Recommendations
The pond, floodway, and floodplain must be clearly identified. Areas that
are to remain undisturbed also need to be identified to evaluate the zoning
change request’s compliance with the Environmental Resource Protection
(ERP) Plan.
The ERP Plan recommends protecting and enhancing critical
environmental and natural features, with particular emphasis on trees and
floodplains. Floodplains and ponds should remain in a natural state with a
tree buffer around them. To this end, consider incorporating all (or more)
of the pond and floodplain into Lot 10R to protect these features.
P&Z ACTION: February 23, 2006; Approved (6-0) to table until March 9, 2006.
March 9, 2006; Approved subject to the Concept Plan Review Summary No.
2 dated February 17, 2006.
COUNCIL ACTION: March 21, 2006; Approved first reading (7-0) on Consent
Case No. Attachment A
ZA06-008
Page 2
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated February 17, 2006.
N:\Community Development\MEMO\2006cases\06-008ZCP.doc
Case No. Attachment A
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Page 3
Case No. Attachment B
ZA06-008Page 1
Case No. Attachment C
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Case No. Attachment C
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PLAT REVIEW SUMMARY
ZA06-008Two02/17/06
Case No.: Review No.: Date of Review:
Concept Plan – Patterson’s Pond Phase 2
Project Name:
APPLICANT: Terra Land Management Co., Inc. ENGINEER: DeOtte, Inc.
Paul Spain Rich DeOtte
395 W. Northwest Pkwy, Suite 300 2553 East Loop 820 North
Southlake, TX 76092 Fort Worth, TX 76118
Phone: (817) 410-9201 Phone: (817) 589-0000
Fax: (817) 410-9205 Fax: (817) 589-8600
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/06/06 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748-8602.
1)Provide the deed record volume and page for the current owners in the preamble of the legal
description.
2)The following changes are needed with regard to easements:
a)Label all existing easements on adjacent properties. A few easements have not been labeled.
b)The flood plain easement and the proposed drainage easement need to clearly identify the
northern limits. The arrows should refer to the line shown on lots 6 – 9.
c)Provide easements for water, sewer and/or drainage in compliance with approved
construction plans.
3)Correct the net density calculation in the Land Use Schedule Chart. Staff calculated a net density of
0.91 dwelling units per net acre.
INFORMATIONAL COMMENTS
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this
requirement.
* It appears that a portion of this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring
construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479.
Additionally, the “Avigation Easement and Release” shown in Appendix 3 of the Subdivision Ordinance No. 483
should be executed on subsequent Plats to be filed in the County Plat Records.
* A Developer’s Agreement is required prior to construction of any public infrastructure. The Developer’s
Agreement for this addition should consider streets, drainage, park dedication requirements & fees, off-site sewer
extensions, off-site drainage & utility easements & impact fees.
Case No. Attachment D
ZA06-008Page 1
Surrounding Property Owners
Patterson’s Pond Phase II
Owner Zoning Land Use Acreage
1.Clause, Carl & Rosalie SF-20A Medium Density Residential 0.688
2.TGO Holdings, Inc SF-20A Medium Density Residential 1.408
3.Pesterfield, J K & Holly SF-20A Medium Density Residential 0.548
4.Dallas Cornerstone Classic SF-20A Medium Density Residential 0.519
5.Dallas Cornerstone Classic SF-20A Medium Density Residential 0.486
6.Harrell Custom Homes Inc SF-20A Medium Density Residential 1.48
7.Transport Workers Union # 513 O-1 Mixed Use 1.91
8.Hillman, Luther L AG Medium Density Residential 4.0
9.Espinosa, Luis AG Medium Density Residential 3.75
10.Espinosa, Luis AG Medium Density Residential 1.0
11.Azamar, Peter SF-1A Low Density Residential 0.84
12.Azamar, Peter SF-1A Low Density Residential 0.45
13.Smith, Eric SF-1A Low Density Residential 0.77
Case No. Attachment E
ZA06-008Page 1
14.Oates, Richard K & Cindy SF-1A Low Density Residential 1.28
15.Azamar, Peter SF-1A Low Density Residential 1.128
16.Azamar, Peter SF-1A Low Density Residential 0.59
17.Gateway Church NR-PUD Mixed Use 0.59
18.Gateway Church NR-PUD Mixed Use 1.601
19.Rodgers, Lela T AG Mixed Use 0.5
20.Weymouth Real Estate Invmnt SF-20A Medium Density Residential 0.458
21.J Lambert Construction Inc SF-20A Medium Density Residential 0.465
22.Hubble, Henry H SF-20A Medium Density Residential 0.492
23.Johnson, James C & Susan H SF-20A Medium Density Residential 0.561
Case No. Attachment E
ZA06-008Page 2
Surrounding Property Owner Responses
Patterson’s Pond Phase II
Notices Sent Certified Mail: Thirteen (13)
Notices Sent First Class Mail: Four (4)
Responses Received: None (0)
Case No. Attachment F
ZA06-008Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-483
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS
5A3A & 5A3A1, SITUATED IN THE SAMUEL FREEMAN SURVEY,
ABSTRACT NO. 525, AND BEING APPROXIMATELY 4.75 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
“A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-20A” SINGLE
FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE
APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural District under
the City’s Comprehensive Zoning Ordinance; and
Case No. Attachment G
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WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
Case No. Attachment G
ZA06-008 Page 2
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed
on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Tracts 5A3A & 5A3A1, situated in the Samuel Freeman Survey, Abstract No. 525, being
approximately 4.75 acres, and more fully and completely described in Exhibit “A” from “AG”
Agricultural District to “SF-20A” Single Family Residential District as depicted on the
approved Concept Plan attached hereto and incorporated herein as Exhibit “B”.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
Case No. Attachment G
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SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
Case No. Attachment G
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of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
law, and it is so ordained.
Case No. Attachment G
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st
PASSED AND APPROVED on the 1 reading the _____ day of ___________, 2006.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the _____ day of __________, 2006.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
Case No. Attachment G
ZA06-008 Page 6
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
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EXHIBIT “A”
Being Tracts 5A3A & 5A3A1, situated in the Samuel Freeman Survey, Abstract No. 525, and being
approximately 4.76 acres.
Case No. Attachment G
ZA06-008 Page 8
EXHIBIT “B”
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